Does a prosecutor's argument to the jury to view the crime through the eyes of the victim constitute misconduct at the guilt phase of trial?
California, United States of America
The following excerpt is from People v. Hamilton, F075220 (Cal. App. 2019):
It is true "'that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial.'" (People v. Jackson (2009) 45 Cal.4th 662, 691.) But, here, the prosecutor did not ask the jury to step into the complainants' shoes or imagine their suffering, and we cannot conclude the challenged statements exceeded the bounds of proper argument.
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